HomeMy WebLinkAbout2013_0520_AgendaPacket Jan TenBruggencate Members:
Chair Mary Lou Barela
Joel Guy
James Nishida, Jr.
Ed Justus Patrick Stack
Vice Chair Carol Suzawa
COUNTY OF KAUA'I CHARTER REVIEW COMMISSION
NOTICE OF MEETING AND AGENDA
Monday, May 20, 2013
4:00 p.m. or shortly thereafter
Mo 'ikeha Building, Meeting Room 2A/B
4444 Rice Street, Lihu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of April 22, 2013
BUSINESS
CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on identifying and
proposing non-substantive corrections and revisions to Articles V through X of
the Charter. (On-going)
a. Island of Hawai'i' s 2012 purpose for making Housekeeping Amendments to
the Charter and the amended Charter Language
b. Discussion on how to formulate Kaua'i ' s presentation to educate the public on
proposed changes to the Charter
CRC 2013-09 Update from the County Attorney on the appellate court case regarding the
Kaua'i County Charter, Article VII, Section 7.05 as it relates to the powers,
duties and functions of the mayor' s office and Article XI, Section 11 .04 as it
relates to the chief of police.
CRC 20113- 10 Discuss how to initiate community discussion on proposed charter changes that
are necessary or desired
ANNOUNCEMENTS
Next Meeting: Monday, June 24, 2013 at 4:00 pm in the Mo 'ikeha Building, Meeting Room 2A/B
The Office of Boards and Commissions will no longer be providing bottled water to our members
starting July 1St, 2013 . This is one of our sustainability goals. Staff will provide cold water using a
filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo.
ADJOURNMENT
An Equal Opportunity Employer
EXECUTIVE SESSION
Pursuant to Hawai`i Revised Statutes §92-7(a), the Commission may, when deemed necessary, hold an
executive session on any agenda item without written public notice if the executive session was not
anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be
limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to
the public.
Cc: Deputy County Attorney Jennifer Winn
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior
to the meeting indicating:
1 . Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3 . Whether you will be testifying in person or submitting written comments only; and
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide
10 copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
5 . If testimony is based on a proposed Charter amendment, list the applicable Charter provision.
While every effort will be made to copy, organize, and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The Charter Commission rules limit the length of time allocated to persons wishing to present verbal
testimony to five (5) minutes. A speaker' s time may be limited to three (3) minutes if, in the discretion
of the chairperson or presiding member, such limitation is necessary to accommodate all persons
desiring to address the Commission at the meeting.
Send written testimony to :
Charter Review Commission
Attn: Barbara Davis
Office of Boards and Commissions
4444 Rice Street, Suite 150
Lihu` e, HI 96766
E-mail :bdavis@kauai.gov
Phone: (808) 241 -4919 Fax: (808) 241 -5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards and
commissions Support Clerk at (808) 241 -4919 at least five (5) working days prior to the meeting.
Charter Review Commission — May 20, 2013 2 P a g e
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Committee: I CHARTER REVIEW COMMISSION Meeting Date April 22, 2013
Location Mo'ikeha Building, Meeting Room 2A/2B Start of Meeting: 4:00 pm I End of Meeting: 5 :09 pm
Present Chair Jan TenBruggencate; Vice-Chair Ed Justus. Members: Joel Guy; James Nishida; Patrick Stack
Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator
Paula Morikami; Administrative Aide Teresa Tamura; Curtis Shiramizu of Shiramizu Nakamura Loo, Attorneys at Law; and Bert
Lyon, Audience Member
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Excused Members : Mary Lou Barela; Carol Suzawa
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair TenBruggencate called the meeting to
order at 4:00 pm with 5 Commissioners present.
With no changes to the agenda, Chair
TenBruggencate stated the agenda was approved
as circulated.
Approval of Open Session Minutes of March 25, 2013 Mr. Justus moved to approve the minutes as
Minutes circulated. Mr. Nishida seconded the motion.
Motion carried 5 :0
Business CRC 2013-03 Recommendations from legal analyst Curtis Shiramizu on
identifying and proposing non-substantive corrections and revisions to
Articles I through IV of the Charter. (On-going)
Chair TenBruggencate noted there were no audience members present at
the time so the request for public testimony was not relevant.
Chair TenBruggencate stated he did not have any changes to the
Veek 3 recommended non-substantive corrections and further commented that Mr.
.� Shiramizu was doing precisely what the Commission hoped he would do
V43 ; and more. Mr. Shiramizu said it was called to his attention that "council
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Open Session
April 22, 2013 Page 2
SUBJECT DISCUSSION ACTION
members" appeared most of the time as one word but in certain areas it
appeared as two words and he assumed the Commission would want it to
be consistent throughout the Charter. The Commission agreed
councilmember should appear as one word. Mr. Shiramizu was asked to
continue making suggested changes in the same manner through the rest of
the Charter. Mr. Guy moved to defer this item to the next
meeting. Mr. Stack seconded the motion.
Motion carried 5 :0
Mr. Guy asked how this would be presented to the voters once this process
has been completed. Chair TenBruggencate requested an item for the
May agenda to discuss how to take the Charter
changes to the public. Staff to check with
Hawai'i Island on how they rolled out their
amendments to the voters.
Ms. Davis reported that Kaua'i appeared to be the only island still using the
masculine pronoun. The other islands are using the noun of the office or
officer, which Chair TenBruggencate noted was what this Commission had
agreed on. The City and County of Honolulu also uses "its", such as "its
members", "its membership", and "its procedures" but there was one
supplement (amendment) where they used the term "he or she". It is a
tossup with councilmembers being one word or two words.
Communication CRC 2013-08 Written Testimony from Mr. Bert Lyon regarding Item CRC
2013-07 on the 3/25/13 Charter Review Commission Agenda as relates to
Council Districting
Chair TenBruggencate noted that Mr. Lyon was proposing a 5 District/ 2
At-Large scheme but provided written testimony with several scenarios for
creating districts.
Mr. Stack liked how Mr. Lyon justified his thought process on districting
and how things coincided with the U. S. Census track. Chair
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Open Session
April 22, 2013 Page 3
SUBJECT DISCUSSION ACTION
TenBruggencate said he was also interested in the issue of getting closer to
a one man-one vote and Mr. Lyons' suggestion, although it may not be
sufficient, gets it closer than some of the other proposals as he lays out the
numbers.
Attorney Winn said she did a little research on the issue of one man-one
vote and the United States Supreme Court, which then goes to the states
and local governments, has held that the equal protection clause requires
electoral representation be apportioned on a population basis. This
requirement means that a state must make an honest and good faith effort
to construct districts as nearly of equal population as is practicable. There
is a little extra leeway for local governments; the divergences can be a little
bit higher. A Charter amendment would not provide for the districting as
that would be done by a panel or commission. Legally it does need to
approach as equal districts as possible based on population unless there is a
legitimate consideration for some deviation, which in certain places if there
is a huge gap between towns in a county, there may be reasons why
location wise there should be deviation.
Mr. Nishida asked if the whole issue of districting, other than the part
about how many and how separate the districts are, can be left to a
commission. Attorney Winn said it would have to be because the
population may change in a given year; how often the population is looked
at may be something that you would put in the amendment but not
something that says it will be a certain way for all time. Chair
TenBruggencate said the State Reapportionment Commission reestablishes
the districts as populations change. It is set out in the legislation as to how
often that happens but there may be some legal basis for how often that
needs to happen. Mr. Justus said every time it has been proposed it has
always been an apportionment commission that was setup, and every time
it was presented it always said every ten years and that the Commission
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Open Session
April 22, 2013 Page 4
SUBJECT DISCUSSION ACTION
would determine the district boundaries. Chair TenBruggencate added that
the census would be the most reasonable way to approach it. Mr. Nishida
asked if the Charter had to spell out how many districts there would be.
The response was yes, but not where those districts would be. When
questioned if it would be legal to tie into the same three districts as the
State Legislature since they went through reapportionment Attorney Winn
said she did not know how the Legislature was legally set up and therefore
could not respond to the question.
Mr. Guy said he would assume it is a legal process if the people voted for
it and we would be able to follow those boundaries. Attorney Winn said
the Charter does tie things back to State law in other provisions. As a
supporter of districting, Mr. Guy said he understands it needs more work
and he encouraged the Commission to work on the process a little harder
and allow it to take its natural progression. Chair TenBruggencate said it
appears the majority of the Commission is in favor of considering some
form of districting but no one person seems to be firm on a single proposal.
Mr. Justus said he did not think the Commission members that are for
districting are in agreement on the number of districts there should be,
which seems to be the issue holding districting up. Mr. Guy said whatever
the number of districts is determined to be, districting is necessary and
desirable. Mr. Justus said Mr. Nishida also brought up a valid point in that
just because you have districts does not mean you will get accountability.
Chair TenBruggencate announced that Mr. Lyon had just entered the
meeting at 4:23 p.m. and invited him to share his comments on districting.
Bert Lyon — Mr. Lyon stated that he has always been an advocate for
districting but the one argument he has heard is that Kaua'i is too small for
districting. In 1980, Maui had approximately the same census that Kaua'i
has now and it was not too small for Maui then. While he prefers any form
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Open Session
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SUBJECT DISCUSSION ACTION
of districting Mr. Lyon said the 5 District/2 At-Large, based on the spread
sheet he submitted, provides districts that seem to be closer in size. If
districting is allowed it would have to be "one man-one vote" but he does
not know how that would have to be defined. Chair TenBruggencate
stated that before Mr. Lyon arrived, Attorney Winn said that the specific
district layout would not be established by this Commission or in the
Charter but rather by an apportionment panel. Mr. Lyon thought
districting would be an advantage to candidates, especially first time
candidates, but overall it is a more representative government where
people would be accountable to those in the district and not just to the
island as a whole. Mr. Lyon said he thought OHA (Office of Hawaiian
Affairs) was a bad model because a lot of voters do not know who the
candidates are. Mr. Guy said Maui started districting with 7 Districts/2
At-Large but they also had island wide voting which did not secure the
vote from that district. Mr. Guy liked Maui's method because it did not
involve reapportionment and although the candidates have to come from
that district they still have to work for the island. Mr. Guy said you could
win representation for the north shore but still lose the north shore' s
popular vote and asked Mr. Lyon to comment. Mr. Lyon thought it was
still an improvement over the current system because you would have
representatives from all the districts in the island but it would still be just
as expensive for campaigning as for any other seat. Both the Big Island
and O`ahu have true districting where you vote from your district.
Mr. Nishida said Maui and the Big Island are really different from Kaua'i.
The difference in the districting for Maui is it includes two separate
islands. The Big Island is totally different because there are two economic
zones, Hilo/Hamakua Coast and Kona, with different populations and
different pressures. The Big Island is not separated by islands, but because
the economic differences were so big, they were able to get the districting.
Mr. Nishida knows it takes a lot to get elected but districting is not
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Open Session
April 22, 2013 Page 6
SUBJECT DISCUSSION ACTION
important to him because he has seven councilmembers to vote for.
Mr. Justus pointed out that Districts At-Large has never been on the ballot.
It has always been partial straight district and partial at-large. Mr. Nishida
thought if Districts At-Large were proposed it would get more votes.
Chair TenBruggencate said another model could be a limited number of
districts and there would have to be somebody from each of those districts
represented, but after that you take whoever the next highest vote getters
are to fill out the Council. In other words, you would not run for the at-
large position but whoever is the next highest vote getter would be the at-
large member. Mr. Guy suggested there could be three districts along the
Legislative boundaries but have two councilmembers per district and one
at-large. Mr. Nishida said he would be more in favor of two people per
district. Chair TenBruggencate said it was not clear that if you only have
three districts that Hanalei or Kekaha would get a seat because the Kekaha
district would include Koloa and the Hanalei district will include Wailua,
which may not solve the problem that has been put forward. Mr. Justus
said regardless of how the districts are set, Wailua Homesteads and Kapa'a
would still be included with the north shore so the majority of that voting
populace is going to be Kapa` a-Wailua. Any hope the north shore would
have of getting a representative that really looks at the issues is the same
challenges faced with the state representative caring about the north shore
issues. Mr. Lyon stated in some scenarios he moved the numbers around
to get them to come out even. Mr. Justus said the six district possibility
gives a more equalized representation and leaves a seat open for an at-large
position. Mr. Justus noted that one of the issues was what advantage
would there be for those candidates running for at-large positions. If they
have to be reelected every two years and campaign the whole island, why
would anyone want to run at-large when they could run for district. Mr.
Justus said when he first proposed two year terms for district seats and four
year terms for at-large seats, the four year term justified the at-large seats
Charter Review Commission
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Open Session
April 22, 2013 Page 7
SUBJECT DISCUSSION ACTION
by giving the at-large people more of a whole-island perspective and the
ability to make more long term changes for the entire island. Suffice it to
say this Commission defeated that idea.
Mr. Stack felt the at-large candidate would have to have a certain star
quality and be well known throughout the island because it would be
impossible for that person to be in all the districts during the campaign
season. Mr. Stack said he is feeling strongly about the idea of districting,
however it is shaped or molded, and is a very legitimate question for the
public on how this should be done. Chair TenBruggencate reminded the
Commission that the ballot cannot be a polling mechanism; until the
Commission settles on a proposal there is nothing to put on the ballot.
Attorney Winn agreed that the Commission would need an exact
amendment to propose for the ballot.
Mr. Guy said the Commission has not touched on some of the benefits that
districting would present for some of the districts. Chair TenBruggencate
said an issue for consideration that has come up before is neighborhood
boards and would rather not deal with the districting issue right now. Mr.
Justus said he did not see how creating more bureaucracy would provide
better accountability or representation; it is just creating more things to tie
people down. Mr. Nishida said the Portland model has 3 councilmembers
and a bunch of neighborhood boards and the real work is done in the
neighborhood boards. It would depend on the responsibility given to a
neighborhood board. Mr. Justus also wanted to know if those
neighborhood boards were appointed or elected. Mr. Nishida wanted to
know how different the representation from a board member would be
from the representation of a councilmember. Mr. Guy said a
councilmember from Hanalei would work on the issues all day long, be
accountable and knowledgeable of the different efforts and be their voice
on the Council.
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Open Session
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SUBJECT DISCUSSION ACTION
Mr. Guy said people are willing to vote for someone but they do not have
time to go to board meetings except for a vocal minority.
Mr. Justus stated there are two different types of voters; the voters that get
entrenched and involved and those voters who vote for someone and let
them do their job. Accountability is the whole purpose of why talk of
districts has come up. If districting does move forward there has to be a
way to make them accountable as well. Electing someone only makes
them accountable every two years. Mr. Justus said if there is not a
mechanism created that requires councilmembers to be accountable and to
interact with the people who vote for them, it will just continue to be the
same. There is a way to do both with partial districting and creating a
system of accountability. Mr. Guy said he was looking to find the best fit
for the island by committing to districting and getting everybody on board
to whittle away at the various suggestions and while he liked all districts
at-large he also saw the challenges and was not ready to vote on any
proposal yet. Mr. Lyon added that another advantage of districting would
be council campaigns, which have been a type of beauty contest, but could
provide some one-on-one races to educate the electorate. Chair
TenBruggencate invited Mr. Lyon to stay involved with the discussions on
districting as they continue in the future. Mr. Lyon said he would provide
a copy to Staff of the paper done by the League of Women Voters in 1990
about districting.
Chair TenBruggencate said he had not seen a comprehensive proposal that
he liked and currently he was not arguing for districting but if there was a
compelling districting proposal that would benefit the community in a
substantial way it would probably pass the Commission. The concept of
everyone running at-large, with a requirement that each district be
represented from the top vote-getters, works in a way. The Chair also said
he does not like splitting the Council with 2-year terms and 4-year terms
Charter Review Commission
Open Session
April 22, 2013 Page 9
SUBJECT DISCUSSION ACTION
and a" 4/3" or "3/4" districting specifically does not solve the problem for
the little communities at the outer ends of the island because they will be
overwhelmed by much more urban areas in the number of votes. A higher
number of districts would help to ensure some representation at the
periphery. Mr. Stack said at the last meeting he was not clear about what
he wanted but after reading Mr. Lyon' s proposals, he is now for districting
and personally liked the "5/2" but could vote for the "4/3".
Attorney Winn said the Commission needs a definite proposal to discuss
and tweak, and the full Commission can vote to create a sub-committee,
decide what they can discuss, and the information that would be brought Mr. Guy moved to create a Permitted Interaction
back to the full Commission for a vote. Group to look at the best districting plan to be
brought back to the full Commission. Mr.
Nishida seconded the motion. Motion carried
• 5 :0
Mr. Guy stated he would not be at the May meeting. Chair TenBruggencate appointed
Commissioners Justus, Stack and Guy to the
sub-committee to report back with a proposal.
Prompted by an inquiry from Mr. Nishida, Attorney Winn said she could
talk with Counsel on Maui to find out how they based their model on
populations because of the disparate representation for Molokai and
Lana`i. General law can include topical reasons why districting may vary. Mr. Justus moved to receive the communication
from Mr. Lyon with thanks. Mr. Nishida
seconded the motion. Motion carried 5 :0
Announcements Next Meeting: Monday, May 20, 2013 , 4:00 p.m.
Adjournment Mr. Justus moved to adjourn the meeting at 5 :09
p.m.
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Charter Review Commission
Open Session - • •
April 22, 2013 Page 10 -
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Submitted by: • - Reviewed and Approved by:
Barbara Davis, Support Clerk . . Jan TenBruggencate, Chair
( ) Approved as is. .
( ) Approved with amendments. See minutes of meeting. •
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ARTICLE V
COUNTY CLERK
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Section 5 . 01 . Powers , Duties and Functions ,
A . The council shall appoint and may remove the county clerk .
The salary of the county clerk shall be set pursuant to Article
XXIX of this Charter . (Amended 2006 ) m
B . The county clerk shall :
• ( 1 ) Be the clerk of the council .
( 2 ) Take charge of safety keep ,and dispose of all books ,
papers and records which may properly be. filed in his office and
keep in separate files all ordinances , resolutions and regulations
and cumulative indices of the same , or exact copies thereof ,
enacted or adopted by the council .
( 3 ) Have custody of the county seal , which shall be used to
authenticate all official papers and instruments requiring
execution or certification by the county clerk in the exercise of
,the county clerk ' s office . .- Deleted: his
( 4 ) Conduct all elections held within the county pursuant to
this charter , the laws of the State of Hawaii or the . United States
of America .
( 5 ) Perform other functions as required by this charter , by
law or assigned by the council .
C . The county clerk may appoint the necessary staff for which
appropriations have been made by the council with the same powers . . .
I with "respect to the personnel of the office as the department DelO ° ''i°
L ^"matted: Highlight
- 13 - i( 11 / 12E
•
1
eRe ao / 3 - o3
heads in the executive branch .
ARTICLE VI
EXECUTIVE BRANCH
Section 6 . 01 . Executive Power . The executive power of the county
shall be vested in and exercised by the executive branch , which
shall be headed by the mayor .
Section 6 . 02 . Organization . Except as otherwise provided , within
six months after the effective date of this charter , the mayor
shall recommend and the council shall by ordinance adopt an
administrative code providing for a complete plan of
administrative organization of the executive agencies of the
county government consistent with the provisions of this charter .
Upon recommendation of the mayor , the council may, by a vote of
five members , change , abolish , combine or re-arrange the executive
agencies of county government .
New functions may be assigned by the mayor to existing agencies ,
but to the extent that this is not practicable , the council by a
vote 1oi1] five members may upon the recommendation of the mayor Comment [I17]: Original : of
create additional departments . Formatted: Highlight
Section 6 . 03 . Creation of Advisory Committees . The mayor or
department heads , with the approval of the mayor , may each appoint
advisory committees . Such advisory committees shall not exist
beyond the term of office of the appointing authority . The
members of advisory committees shall not be paid, but their
authorized expenses shall be paid from appropriations to the
appointing authority . Advisory committees shall have no employees -
but each appointing authority shall cause employees of the
department to furnish such services as may be needed by the
committees .
Section 6 . 04 . Appointment and Removal of Officers and Employees .
A . The managing director to the mayor and all department --•-{ Deleted: administrative assistant )
heads shall be appointed and may be removed by the mayor , except
I as otherwise provided by this charter . (Amended 2010 )
B . Department heads may appoint the necessary staff for which
appropriations have been made by the council . Department heads
may also suspend, discharge or discipline subordinate employees as
may be necessary for the proper conduct of the departments and
subject to the classification and civil service laws .
{ Formatted: Highlight
•
- 14 - ;( 11 / 121., -.;"
Section 6 . 05 . Powers and Duties of Heads of Executive Agencies . -
A . Subject to the provisions of this charter and applicable
regulations adopted thereunder , the heads of the executive
agencies of the county government are empowered to assign and
reassign duties , supervise , manage , and control all employees and
shall have the power and duty to make all personnel actions as
provided by law .
B . Each head of an executive agency of county government may,
subject to the approval of the mayor , prescribe such rules as are
necessary for the organization and internal administration of the
respective executive agencies .
ARTICLE VII
MAYOR
Section 7 . 01 . Election and Term of Office . The electors of the
county shall elect a mayor whose term of office shall be four
years beginning at twelve o ' clock meridian on the first working
Iday of December following• the election . No person shall serve as _..--tars d: his
mayor for more than two consecutive full terms .
The Four year term for mayor shall apply commencing with the 1990
General Election . (Amended 1980 , 1984 , 1988 )
Section 7 . 02 . Qualifications . Any citizen of the United States
not less than thirty ( 30 ) years of age who has been a duly •
qualified resident elector of the county for at least three years r
immediately prior to ,the citizen ' s election shall be eligible for -,==•• Deleted: his i
election to the office of mayor . Upon removal of ,the mayor ' s __ ; his
residence from the county , the mayor shall by that fact be deemed . . . . .
I to have vacated the office . (Amended 1980 ) -,.• •-{ Deleted: his 1
Section 7 . 03 . Compensation . The salary of the mayor shall be
established in accordance with the provisions of Article XXIX of
this Charter . (Amended 2012 )
Section 7 . 04 . Contingency Fund . The council shall provide in the
annual budget a contingent fund of not less than $ 2 , 500 . 00 to be
I expended by the mayor• for such public purposes as ,the mayor may .....--{ Deleted: he
deem proper .
Section 7 . 05 . Powers , Duties and Functions . The mayor shall be
the chief executive officer of the county Jaz4 shall have the power Comment [118]: original : 2 sentences
second starting with "he!' !I
to :
Deleted: . He
. Formatted: Highlight
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A . Except as otherwise provided, exercise direct supervision .
over all departments and coordinate all administrative activities
and see that they are honestly , efficiently and lawfully
conducted .
B . Appoint the necessary members of the staff and other _....•-{ Deleted: his � .
employees and officers whose appointments are not provided herein .
C . Create positions authorized by the council and for which
appropriations have been made , or abolish positions , but a monthly
report of such actions shall be made to the council . -
D . Make temporary transfers of positions between departments .
or between subdivisions of departments . .
E . Recommend to the council for its approval a pay plan for
all officers and employees who are exempt from civil service and
the position classification plan and who are not included in •
Section 3 -2 . 1 of the Kauai County Code 1987 , as amended . (Amended
2006 )
F . Submit operating and capital budgets , together with a
capital program annually to the council for its consideration and
adoption .
•
G . Sign instruments requiring execution by the county , , .
including deeds and other conveyances , except those which the
director of finance or other officer is authorized by this
charter , ordinance or resolution to sign . .
H . Present messages or information to the council which in . .
f the mayor ' s opinion cis necessary or expedient . .-•f Deleted: nis
Deleted: are
I . In addition to the annual report , make periodic reports
informing the public as to county policies , programs and .
operations .
J . Approve or veto ordinances and resolutions pertaining to
eminent domain proceedings . .
K . Have a voice but no vote in the proceedings of all boards
and commissions .
L . Enforce the provisions of this charter , the ordinances of
the county and all applicable laws .
•
M . Exercise such other powers and perform such other duties
. 4 Formatted: Highlight
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— 16 - i 11 / 12 )
as may be prescribed by this charter or by ordinance .
ISection 7 . 06 Boards and Commissions IAdministrato4.1 -- Comment [I19]: I believe at the end
of the section where I inserted the
date - let' s discuss
A . There shall be a boards and commissions administrator and
any necessary staff . The administrator shall have such training , was added in 2006 .This subsection
y y gi was added in 2006 . Where should
education or experience as shall qualify the administrator to this be noted?
perform the duties described in this section . The administrator
shall be appointed and may be removed by the mayor . ( Amended 2006 )
B . The administrator shall assist in providing administrative
and operational support to the various county boards and
commissions . Such support shall include , but not be limited to :
assisting in the recruitment , orientation , education , and training
of board or commission members regarding their powers , duties ,
functions , and responsibilities under the charter , especially as
such powers , duties , functions , and responsibilities may relate to
the particular board or commission to which they have been
appointed ; helping to educate such members about applicable state
and county ethics laws and the State Sunshine Law ; assisting the
Office of the Mayor to fill any vacancies on any board or
commission ; being a resource to assist the various county boards
or commissions An gathering such information , documents , and data
as such boards or commissions may deem necessary to perform its
function's ; serving as. a communications liaison between boards and
commissions and the various county departments , offices , and
agencies that such boards and commissions may interact with , to
help ensure that various boards ' and commissions ' information
I needs are addressed in timely fashion . ( Amended 2006 )
C . The mayor and council shall provide an annual
appropriation sufficient to provide the administrator with
adequate . personnel and administrative , operational , and clerical
support to carry out the administrator ' s functions . ( Amended 2006 )
Section 7 . 07 Vacancy in Office A . In the event of a vacancy
in the office of the mayor , the council shall select , by majority
vote , one of its members as mayor to serve until the next general
election and assumption of office in December by the person
elected mayor . The vacancy in the council shall be filled as
provided for in Article III , Section 3 . 05 of the charter . In the
event the vacancy occurs prior to the mid-term election , the
person elected mayor in the general election shall serve only for
the unexpired term of the mayor elected in the prior election . In
the event the vacancy occurs later than three ( 3 ) days prior , to
the closing date for filing of nomination papers for the mid-term
election , the mayor selected by the council shall continue to
{ Formatted: Highlight ,
- 17 - x( 11 / 12 ) . ,
I serve for the remainder of the unexpired ter;. The foregoing ;_.-- ( Deleted: of the person he succeeded
provisions shall also apply in the event the person elected as
mayor dies before taking office . (Amended 1980 ) .
B . During the temporary absence from the county or temporary
disability of the mayor , or in case of a vacancy in the office of
the mayor , until a new mayor is appointed or elected , the managing
director shall act as mayor . In the event both the mayor and the
• managing director are temporarily absent or disabled, the finance
director shall act as mayor during said period . (Amended 2010 )
C . In the event the person elected as mayor dies before
taking office , the person serving as managing director at the
termination of the prior term shall continue to serve as acting
mayor until a new mayor is elected . ( Amended 2010 )
Section 7 . 08 Managing Director .
The mayor shall appoint and may remove a managing director .
The managing director shall be a citizen of the United
States not less than thirty ( 30 ) years of age and a
resident elector of the county at least three years
immediately prior to the appointment . The managing - director Deleted: his
shall have at least five years experience in an
administrative or managerial position with at least a .. .
bachelor ' s degree from an accredited institution in public
administration , business or a related field .
A . Powers , Duties and Functions . Except as
otherwise provided and under the supervision of the
Mayor , the managing director shall :
( 1 ) Serve as the mayor ' s principal
I ?dministrative aide . -_.-•tFormattad: Highlight
r
( 2 ) Oversee the administrative functioning of
all administrative departments .
( 3 ) Prescribe standards of administrative •
practice to be followed and evaluate the management .
and performance of all administrative departments
under the director ' s oversight .
( 4 ) Attend meetings of the council and its
committees upon request and provide information and .
reports as they may require .
Formatted: Highlight )
— 18 - ( 11 / 12 );
( 5 ) Perform all other duties as required by the
charter or assigned by the mayor .
B . The salary for the managing director shall
be set pursuant to Article XXIX of this Charter .
( Amended 2010 )
ARTICLE VIII
COUNTY ATTORNEY
Section 8 . 01 . Organization . There shall be an office of the county
attorney which shall be headed by the county attorney .
Section 8 . 02 . Appointment and Removal . The county attorney shall
be appointed and may be removed by the mayor , with the approval of
the council .
Section 8 . 03 . Qualifications . The county attorney shall be an
attorney licensed to practice and in good standing before the
supreme court of the State of Hawaii and shall have engaged in the
practice of law in the State for at least three years .
Section 8 . 04 . Powers , Duties and Functions . The county attorney .
shall be the chief legal adviser and legal representative of all
agencies , including the council , and of all officers and employees ..
in matters relating to their official powers and duties , andishall ,.„--flettosithe
In
represent the county in all legal proceedings . „The county attorney : Deleted; He
shall perform all other services incident to the office __as may be
Ded ; his
required by law .
Section 8 . 05 . Deputy County Attorneys . The county attorney shall
have the power to appoint such deputy county attorneys and
necessary staff as shall be authorized by the council and within
the appropriation made therefor . Such deputies shall serve at the
pleasure of the county attorney .
Section 8 . 06 . Special Counsel . The council may, by vote of five .
members , authorize the employment of special counsel for any
special matter necessitating such employment . Any such ' .
authorization shall specify the compensation , if any , to be paid
for said services .
Section 8 . 07 . Service of Legal Process . Legal process against the .
county shall be served upon the county attorney or any deputy ._:---{ Deleted: of his deputies ,
county attorney .
{ Formatted: Highlight l
- 19 - l ( 1. 11/ 12 ) I
ARTICLE IX
PUBLIC DEFENDER
Section 9 . 01 . Counsel for Defense . Any person accused of any
felony or misdemeanor under the laws of the State or the county
shall be entitled to representation or assistance by counsel . The
council may by ordinance establish a system to provide counsel for
the defense of any person accused of any crime who is financially
unable to afford ,counsel . ..•-{ Deleted: his own )
ARTICLE IXA
PROSECUTING ATTORNEY •
Section 9A . 01 . Election and Term of Office . The electors of the
county shall elect a prosecuting attorney , whose term of office
shall be four years beginning at twelve o ' clock meridian on the
I first working day of December following the election . (Amended -,..--{ Deleted: his )
1972 ,. 1980 , 1984 )
Section 9A . 02 . Qualifications . The prosecuting attorney shall be
an attorney licensed to practice and in good standing before the
Supreme Court of the State of Hawaii and shall have engaged in the
practice of law in the State for at least three years . The __,..•• { Deleted: ee 1
prosecuting attorney shall also have been a duly qualified elector
of the county for at least one year immediately preceding ythe ,_.,--{ Deleted: rite
election of the prosecuting attorney . ( Amended 1972 ) Ddb:
Section 9A . 03 . Powers , Duties and Functions . The prosecuting
attorney shall :
A . Attend all courts in the county and conduct on behalf of
the people all prosecutions therein for offenses against the laws
of the State and the ordinances and regulations of the county .
B . Prosecute offenses against the laws of the State under the
authority of the Attorney General of the State .
C . Appear in every criminal case where there is a change of
venue from the courts in the county and prosecute the same in any
jurisdiction to which the same is changed or removed . The expense
of such proceeding shall be paid by the county .
D . Institute proceedings , or direct the chief of police to do
so , before the district judge for the arrest of persons charged
with or reasonably suspected of public offenses , when { Deleted: he ).
prosecuting attorney has information that any such offenses have
been committed , and for that purpose take charge of criminal cases
{ Formatted: Highlight )
I — 20 — ( 11 / 12 )
before the district judge , either in person or by a deputy or by
1 such other prosecuting officer as ,the prosecuting attorney shall { Deleted: he
designate .
E . Draw all indictments and attend before and give advice to
the grand jury whenever cases are presented to it for its
consideration . Nothing herein contained shall prevent the conduct
of proceedings by private counsel before all courts of the State
under the direction on the prosecuting attorney . (Amended 1972 )
Section 9A . 04 . Staff . The prosecuting attorney may appoint
deputies , investigators , and other necessary staff . The deputy ,
who is designated as first deputy shall , during the temporary '
absence or disability of the prosecuting attorney , assume the
power and perform the duties of the prosecuting attorney . (Amended
1972 )
Section .9A . 05 . Vacancy in Office . A vacancy in the office of
prosecuting attorney shall be filled in the following manner :
A . if the unexpired term is less than a year , the first
deputy shall act as prosecuting attorney . If the position of .
first deputy is vacant or if the first deputy is unable to so act ,
the mayor with the approval of the council shall fill the vacancy
by appointment of a person with requisite qualifications within
thirty days after the occurrence of the vacancy .
B : If the unexpired term is for eighteen ( 18 ) months or more ,
or in the event the person elected as prosecutor dies before
taking office , or is unable- ., to qualify, then the vacancy shall be
filled by a special primary election and a special general
election , patterned after the primary and general election laws or
the State , insofar as applicable . The special primary election
shall be called by the council and held within forty- five ( 45 )
days after the occurrence of the vacancy . The special general •
election shall be held thirty ( 30 ) days after the special primary
election . Pending a special election , the first deputy shall act
as prosecuting attorney . (Amended 1972 )
ARTICLE X
DEPARTMENT OF FINANCE
Section 10 . 01 . Organization . There shall. be a department of
finance consisting of the director of finance and the necessary
staff .
Section 10 . 02 . Appointment and Removal of Director or Finance .
Formatted: Highlight
•
•
- 21 - ( 11 / 12 ).
The director of finance shall be appointed and may be removed by
the mayor .
Section 10 . 03 . Qualifications . The director of finance shall have
had a minimum of five years of training or experience in fiscal
management or accounting , at least three years of which shall have
been in a responsible administrative capacity .
•
Section 10 . 04 . Powers , Duties and Functions . The director of
finance shall be the chief accounting, fiscal and budget officer
of the county and shall : •
.
A . Prepare the annual budget ordinance under the direction of
the mayor . •
B . Supervise and be responsible for the disbursement of all
moneys and have control over all expenditures to ensure that
budget appropriations are not exceeded .
C . Maintain a general accounting system for the county
government and each of its offices , departments and agencies ; keep
books for and exercise financial budgetary control over each
office , department and agency , except as otherwise provided by ,
this charter or by law ; audit the books and accounts of all county
offices , departments and agencies authorized or required by this
charter or by law to maintain and keep books .
D . Prepare for the mayor for submission to the council a
quarterly statement of all receipts and disbursements in
sufficient detail to show the exact financial condition of the
county and a general projection of financial conditions for the
remainder of the fiscal year .
E . Prepare for the mayor at the end or each fiscal year a
complete financial statement and report .
F . Maintain the treasury and deposit moneys belonging to the
county in depositories authorized by law .
G . Be responsible for the management of county funds , .
including the short-term investment of cash which is in excess of
immediate requirements .
H . Contract for services of independent contractors , purchase
materials , supplies and equipment , and permit disbursements to be
made pursuant to the provisions under this charter .
{ Formatted: Highlight )
- 22 - ;( 11 / 12 )1 .
I . Be responsible for issuing and selling , paying interest on
and redeeming bonds of the county .
J . Prepare and issue warrants .
I
K . Purchase , lease , rent , or otherwise acquire or secure the
use of real or personal property and manage , operate , encumber or
dispose of the same as the interest of the county may require .
L . Rent or lease county property and award concessions
pursuant to policies established by the council , except property •
controlled by the board of water supply .
M . Collect all moneys due the county or for the collection of
which the county is 'responsible , and receive all moneys receivable
by the county from any source .
N . Maintain an inventory of all lands , structures ,
transmission and distribution systems , streets and roadways and
other permanent improvements owned , leased, rented or controlled
by the county .
O . Maintain an inventory of all equipment owned or controlled
by the county .
P . Review assessment rolls for assessable public improvements
prior to approval by the council and issue bills therefor after
such approval has been given .
Q . Have custody of all official bonds , except the bond of the
director of finance , which shall be in the custody of the county `I
clerk .
R . Provide a continuous internal audit and program of
efficiency studies of all county activities and county departments
and provide an annual report of such studies to the council . 4
(Amended 2000 ) 4
o
S . Prepare and process applications for state , federal or
other funds on behalf of the county .
T . Operate and manage the real property tax functions as
established by ordinance . (Amended 1980 )
U . Perform such other duties and functions prescribed by law
or assigned by the mayor .
4 Formatted: Highlight j
- 23 -
•
•
•
Section 10. 05 . Cash Count . The director of finance or a
designated assistant and the county clerk shall jointly at least
once in every three months and at such other times as may be
deemed necessary verify the amount of money in the treasury and
make a certified report showing : • .
A . The amount or money that should be in the treasury . _
•
• • I•• . B . The amount and kind of money actually therein . .
•
A signed copy . of such report shall be filed with the mayor and the '
council . 1 .
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CA-36: HOUSEKEEPING AMENDMENTS
This proposal is a housekeeping proposal. The commission found that there are numerous
instances of formatting and spelling errors in the charter and that it is desirable to have a clean
document with consistent formatting. Since the charter can only be amended by a vote of the
people, and due to the importance of the charter, the commission is seeking to make the charter
the cleanest document possible. This proposal addresses only spelling and formatting issues in
the charter and does not propose any substantive changes to the charter.
CA-38: RELATING TO MEMBERSHIP ON BOARDS AND COMMISSIONS
This proposal was brought forth by the managing director and corporation counsel. The
commission found that most members of the county's boards and commissions serve on a
voluntary basis even though the charter provides that some form of compensation can be made.
The commission also found that the county should have some discretion on how and when
compensation can be given. Therefore, this proposal would provide a discretionary review on
whether compensation should be paid, and reduces the maximum amount from five times the
state minimum wage to two times the state minimum wage.
u R c AO / 3- 63 0.
5
PROPOSAL #7
GRAMMAR, SPELLING, AND FORMATTING - HOUSEKEEPING
BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:
Section 1 . The Preamble, Hawai` i County Charter, is amended to read as follows:
"WE, THE PEOPLE OF THE COUNTY OF [14MV-A-117] HAWAI` I, in the State of
[}4awaii;] Hawaii, with due respect for and in support of the laws of the land, do adopt
this
CHARTER OF THE COUNTY OF [ A AdI] HAWAI`I
STATE OF [HAW-All] HAWAI`P'
Section 2. Article I, Hawaii County Charter, is amended to read as follows:
"ARTICLE I
INCORPORATION AND GEOGRAPHICAL LIMITS
Section 1-1. Incorporation.
The people of the county of [}Iawaii] Hawaii shall be and continue as a body
politic and corporate by the name of "County of Rawaiiid Hawai` i," hereinafter in this
charter called "county." By that name it shall have perpetual succession.
Section 1-2. Geographical Limits.
The island of [Hawaii] Hawaii and all other islands within the shores thereof and
the waters adjacent thereto shall be the county of [}Iawair] Hawai` i."
Section 3 . Article II, section 2- 1 , Hawaii County Charter, is amended to read as
follows:
"Section 2-1. Powers of the County.
The county shall have all powers possible under the constitution and laws of the
State of [llawaiii] Hawai` i, including all powers now or hereafter given by such
constitution or laws, and all other powers not prohibited by such constitution or by this
charter. The county shall have such powers as fully and completely as though
specifically enumerated in this charter, and no enumeration of powers in this charter shall
be deemed exclusive or restrictive."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 15
Section 4. Article III, section 3-8, Hawaii County Charter, is amended to read as
follows :
"Section 3-8. Actions of the Council.
Every legislative act of the council shall be by ordinance. Non-legislative acts of
the council may be by resolution and, except as otherwise provided by law, no resolution
shall have the force and effect of law. Every ordinance shall be introduced in writing and
in the form required for final adoption. The enacting clause of every ordinance shall be
"BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF [IMI]
HAWAI`I" and the enacting clause of every resolution shall be "BE IT RESOLVED BY
THE COUNCIL OF THE COUNTY OF [T=IA I',. " L] HAWAI`I.""
Section 5. Article III, section 3- 10, Hawai` i County Charter, is amended by
amending subsection (c) to read as follows:
"(c) Bills embracing:
(1 ) [the] The fixing of special assessments for the cost of improvements;
(2) [the] The appropriation of public funds or authorization of the issuance of
general obligation bonds.; or
(3) [he] The imposition of a duty or penalty on any person, shall pass first
reading by a vote taken by ayes and noes, and digests of such bills shall be
advertised once in at least two daily newspapers of general circulation in the
county, with ayes and noes, at least three days before final reading by the
council. Not less than three copies of such bills shall be filed for use and
examination by the public in the office of the county clerk at least three days
prior to the final reading thereof."
Section 6. Article III, section 3- 17, Hawai` i County Charter, is amended by
amending subsection (b) to read as follows:
"(b) The initial reapportionment commission shall consist of seven members, two of
whom shall be residents of the combined judicial districts of North and South
Hilo, one from the judicial district of Puna, one from the judicial district of
Ka`u, one from the combined judicial districts of North and South Kona,
one from the combined judicial districts of North and South Kohala, and one from
the judicial district of Nam:de:tad Hamakua. The members shall be appointed by
the mayor and confirmed by the council in the manner prescribed in
Section 13-4."
Section 7. Article III, section 3- 18, Hawaii County Charter, is amended by
amending subsection (d) to read as follows:
"(d) The legislative auditor shall conduct or cause to be conducted:
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 16
(1 ) The annual financial audit of the county, as required in [actiele] Article
X, Financial Procedures, Nestle] Section 10- 13, Post-audit.
(2) Performance and/or financial audits of the funds, programs, services, and
operations of any county agency, executive agency, or program, as set
forth by the legislative auditor in an annual audit plan that shall be
transmitted to the county council and the mayor and filed with the county
clerk as a public record.
(3) Follow-up audits and monitoring of responses to audit recommendations
by audited entities."
Section 8. Article IV, section 4-5, Hawaii County Charter, is amended to read as
follows:
"Section 4-5. Powers and Duties of Agency Heads.
Subject to the provisions of this charter, the administrative heads of each agency
or executive agency of the county shall have the power to:
(a) Appoint and remove a deputy or assistant and a private secretary and such
positions shall be exempt from civil service laws and classifications. No
such appointment shall be made unless the positions have been created
and appropriations therefor have been made by the council.
(b) Appoint necessary staff for which appropriations have been made by the
council.
(c) Take all personnel actions including the assignment [of] or reassignment
of duties to employees within the salary ordinance; provided, that if such
assignment or reassignment of duties shall affect the compensation of the
employees, written approval must first be obtained from the mayor and a
report thereon must be submitted to the council within thirty days.
(d) Supervise the performance of duties by all employees.
(e) Except as otherwise provided by this charter and subject to the approval of
the mayor, prescribe such rules as are necessary for the organization and
internal administration of the agency.
(1) Perform such duties as are prescribed by this charter and such other duties
as may be assigned by the mayor and managing director."
Section 9. Article V, chapter 1 , section 5- 1 .4, Hawai` i County Charter, is amended to
read as follows:
"Section 5-1.4. Vacancy in Office.
A vacancy in the office of mayor shall be filled by the managing director, or if the
office of managing director is vacant, or during such periods as the managing director is
unable to so act, by the finance director until a successor is duly elected and seated.
If the vacancy occurs after the filing deadline for the next regularly scheduled
primary election, the managing director shall serve the entire unexpired term.
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 17
If the vacancy occurs before the filing deadline for the next regularly scheduled
primary election in the middle of the mayoral term, the council shall, through its clerk,
immediately issue an election proclamation, announcing that a successor will be elected
as prescribed in [seetien] Section 13-27. The proclamation shall also announce the date
for the close of filing of nomination papers for the office, which shall be ten days after
the issuance of the election proclamation, or the filing deadline for the primary election,
whichever comes later. The election shall be held in accordance with the election laws of
the state insofar as otherwise applicable.
The person elected as the successor shall serve out the unexpired term of the
person succeeded commencing at [ ] twelve o'clock meridian on the first Monday of
December following the election."
Section 10. Article V, chapter 3, section 5-3 . 1 , Hawai` i County Charter, is amended to
read as follows :
"Section 5-3.1. Declaration of Policy.
It is declared to be the policy of the county to promote economy, efficiency and
improved service in the transaction of the public business in the legislative and executive
branches of the county by:
[47] fa) Limiting expenditures to the lowest amount consistent with the
efficient performance of essential services, activities, and
functions.
[27] OL ) Eliminating duplication and overlapping of services, activities, and
functions.
[3:] to Consolidating services, activities, and functions of a similar nature.
[47] W) Abolishing services, activities, and functions not necessary to the
efficient conduct of government."
Section 11 . Article V, chapter 3, section 5-3 .2, Hawai` i County Charter, is amended to
read as follows:
"Section 5-3.2. Cost of Government Commission.
For the purpose of carrying out the policy set forth herein the mayor with the
approval of the council shall appoint a cost of government commission consisting of nine
members. One member shall be a resident of each council district. The managing director
shall be an ex-officio member of the commission. The office of the mayor shall provide
administrative and clerical services to the commission.
Each commission shall:
[ ] fa) Prepare and submit to the mayor a request for an appropriation for
the operation of the commission.
[27] Study and investigate the organizations and methods of operations
of all departments, commissions, boards, offices and other
instrumentalities of all branches of the county government and
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 18
determine what changes, if any, may be desirable to accomplish
the policy set forth herein.
[3:] is) Be authorized to secure directly from any department, commission,
board, office or any other instrumentalities of all branches of the
county government or from any individual officer or employee of
the county, information, suggestions, estimates, and statistics
necessary to carry out its duties.
[47] &) Submit a report of its fmdings and recommendations to the mayor,
managing director and council not later than eleven months after
its appointment."
Section 12. Article VI, chapter 2, section 6-2.2, Hawai` i County Charter, is amended
to read as follows:
"Section 6-2.2. Director.
The director of public works shall be appointed by the mayor, confirmed by the
council and may be removed by the mayor. The director shall be a registered professional
engineer. The director shall have had a minimum of five [yeas] years of experience in
an administrative capacity."
Section 13 . Article VI, chapter 3, section 6-3 .2, Hawai` i County Charter, is amended
to read as follows:
"Section 6-3.2. Director.
The parks and recreation director shall be appointed by the mayor, confirmed by
the council, and may be removed by the mayor. The director shall have had a minimum
of five [yews'-] years of experience in an administrative capacity."
Section 14. Article VI, chapter 4, section 6-4.3, Hawai` i County Charter, is amended
to read as follows:
"Section 6-4.3. Fire Chief.
The fire chief shall be appointed by the fire commission and may be removed by
the fire commission at its sole discretion. Any motion for removal of the fire chief must
contain a statement of reasons, and the fire chief must be allowed to respond to the
statement of reasons before being removed. The fire chief shall have had a minimum of
five [years-] years of training and experience in fire control, including at least three
[years'-] years of experience in a responsible administrative capacity."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 19
Section 15 . Article VI, chapter 4, section 6-4.6, Hawai` i County Charter, is amended
to read as follows:
"Section 6-4.6. Powers, Duties and Functions.
The fire commission shall:
(a) Adopt rules necessary for the conduct of its business and review rules for
the administration of the department.
(b) Review the annual budget prepared by the fire chief and make
recommendations thereon to the mayor, the managing director and the
council.
(c) Review the department' s operations, as deemed necessary, for the
purposes of recommending improvements to the fire chief
(d) Evaluate at least annually the performance of the fire chief and submit a
report to the mayor, the managing director and the council.
(e) Review personnel actions within the department for conformance with the
policies under [section] Section 6-4.2 of this charter.
(f) Hear complaints of citizens concerning the department or its personnel
and, if necessary, make recommendations to the fire chief on appropriate
corrective actions.
(g) Submit an annual report to the mayor, managing director and the council
on its activities.
Except for purposes of inquiry or as otherwise provided in this charter, neither the
commission nor its members shall interfere in any way with the administrative affairs of
the department."
Section 16. Article VI, chapter 5, section 6-5 .2, Hawaii County Charter, is amended
to read as follows:
"Section 6-5.2. Appointment and Removal.
The corporation counsel shall be appointed by the mayor, confirmed by the
council and may be removed by the mayor with the approval of the council. The
corporation counsel shall be an attorney licensed to practice and in good standing before
the Supreme Court of the State of [fir] Hawai` i."
Section 17. Article VI, chapter 6, section 6-6.3, Hawai` i County Charter, is amended
to read as follows:
"Section 6-6.3. Powers, Duties and Functions.
The director of finance shall be the finance officer of the county and shall:
(a) Assist the mayor in the preparation and execution of the operating budget,
operating program and capital budget.
(b) Collect special assessments as provided by and subject to law.
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 20
(c) Negotiate loans and the issuance and sale of bonds and notes when
authorized by the council; maintain records of county indebtedness and
have charge of the payment of interest and principal thereon.
(d) Have custody of all public funds belonging to or under the control of the
county, county agency or executive agency, and deposit all such funds in
banks or trust companies designated as depositories by resolution of the
council, subject to the requirements imposed by law as to surety and
payment of interest, which interest shall accrue to the benefit of the public
and shall be credited to the proper fund and account.
(e) Examine all contracts, orders and other documents by which financial
obligations are incurred, and every such document shall be subject to
j ' '] approval by the director of finance but the director
of finance shall not approve unless the director of finance first verifies the
appropriation, allotment and availability of funds to meet the obligation
concerned and verifies thereto as provided in Section 10- 11 .
(f) Prepare and issue warrants, prepare payrolls and pension rolls and
disburse all funds in the county treasury. No money shall be paid out of
the treasury unless the finance director first [f)] verifies the appropriation,
allotment and availability of funds to cover the claim concerned and
certifies thereto as provided in Section 10- 11 and [( )] then determines
that such claim is regular in form, correctly computed and constitutes a
legal obligation.
(g) Maintain a general accounting system for the county and require all
county agencies and executive agencies to report and remit all receipts to
the finance director as often as the finance director deems desirable.
(h) Each month submit to the mayor and to the council through the mayor a
statement of the revenues and expenditures for the preceding month and
for the fiscal year up to and including the preceding month. Such
statement shall be sufficiently detailed as to appropriations, allotments and
funds to show the exact financial condition of the county and of each of its
agencies and executive agencies.
(i) Submit to the council through the mayor at the end of each fiscal year a
report of the financial transactions of that year and a complete statement of
the financial condition of the county at the end of the year, within ninety
days after the end of the year.
(j) Prepare and maintain a perpetual inventory of all lands, roadways, streets,
easements and other land interests owned, leased, rented or controlled by
the county.
(k) Prepare and maintain a perpetual inventory of equipment owned or
controlled by the county and materials and supplies in county storerooms,
and dispose of property not needed by any agency or executive agency of
the county pursuant to policies established by ordinance.
(1) Where not in conflict with this charter, assume and perform all the duties
and functions of the purchasing agent, the treasurer and the auditor of the
county as provided by law, and for this purpose the director of finance
shall be authorized to appoint a deputy, to assign and reassign such duties
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 21
to any employee as the director of finance sees fit and to make internal
administrative and organizational changes as the finance director sees fit
subject to the approval of the mayor.
(m) Exercise such other powers and perform such other duties as may be
prescribed by this charter, by ordinance, by law or by the mayor or
managing director."
Section 18. Article VI, chapter 7, section 6-7.2, Hawai` i County Charter, is amended
to read as follows:
"Section 6-7.2. Planning Director.
(a) The planning director shall be appointed by the mayor, confirmed by the council
and may be removed by the mayor. The planning director shall have had a •
minimum of five [yeas] years of training and experience in a responsible
planning position, or a degree in planning, engineering, architecture, geography,
or another planning-related field and three [yeas] years of experience in a
responsible planning position. No less than three [yeace] years of experience shall
have been in an administrative capacity.
(b) The director shall be the chief planning officer of the county and the
administrative head of the department and shall :
( 1 ) Advise the mayor, the windward planning commission, the leeward
planning commission and the council on all planning and land use matters.
(2) Prepare a general plan, implementation plans and any amendments thereto
in accordance with [section] Section 3- 15 .
(3) Prepare proposed zoning and subdivision ordinances, zoning maps and
regulations and any amendments thereto.
(4) Review the lists of proposed capital improvements contemplated by
agencies of the county and recommend the order of their priority.
(5) Administer the subdivision and zoning ordinances and regulations adopted
thereunder.
(6) Render decisions on proposed subdivision plans pursuant to law.
(7) Make recommendations on rezoning applications, special exceptions and
other similar requests.
(8) Render decisions on proposed variances pursuant to law, except that, if
any written objections are made to the planning director' s actions under
this section, said actions shall be subject to review by the board of appeals
in accordance with Section [6 10.2*,] 6-9.2, unless otherwise provided by
law or this charter.
(9) Perform such other related duties and functions as may be necessary or
required pursuant to law and this charter."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 22
Section 19. Article VI, chapter 7, section 6-7.3, Hawai` i County Charter, is amended
to read as follows:
"Section 6-7.3. Windward Planning Commission.
(a) There is established a windward planning commission that shall have jurisdiction
over the area consisting of the judicial districts of Puna, South Hilo, North Hilo,
[Hainakack] Hamakuat and [Ka`u.] Kati.
(b) There shall be seven members on this commission. The commission shall include
one member from each of the judicial districts of Puna, South Hilo, North
[I4iloiklannilwa] Hilo/Hamakua combined, and [Kikt] Kati and three "at-large"
members selected from these districts. Not more than two members, appointed
from any one judicial district, shall serve on the windward planning commission.
ic.). The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in [seetien] Section 13-4. Each member representing a district
shall be a legal resident and registered voter of that district. In addition, the
director of public works and the manager of the department of water supply, or
their designated representatives, shall serve as ex-officio members of the
windward planning commission, without power to vote."
Section 20. Article VI, chapter 7, section 6-7.4, Hawaii County Charter, is amended
to read as follows :
"Section 6-7.4. Leeward Planning Commission.
(a) There is established a leeward planning commission that shall have jurisdiction
over the area consisting of the judicial districts of North Kohala, South Kohala,
North Kona, and South Kona.
(b) There shall be seven members on this commission. The commission shall include
one member from each of the judicial districts of North Kohala, South Kohala,
North Kona and South Kona and three "at-large" members selected from these
districts. Not more than two members, appointed from any one judicial district,
shall serve on the leeward planning commission.
10 The members shall be appointed by the mayor and confirmed by the council in the
manner prescribed in [section] Section 13-4. Each member representing a district
shall be a legal resident and registered voter of that district. In addition, the
director of public works and the manager of the department of water supply, or
their designated representatives, shall serve as ex-officio members of the leeward
planning commission, without power to vote."
Section 21 . Article VI, chapter 7, section 6-7.5, Hawai` i County Charter, is amended
by amending subsection (b) to read as follows:
"(b) A uniform body of rules of practice and procedure, except for meeting places and
times, shall apply to both commissions. Uniform rules of practice and procedure shall be
adopted by a majority vote of the combined membership of the windward planning
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 23
commission and the leeward planning commission, meeting jointly. The existing rules of
practice and procedure of the Hawaii [ ,] county planning
commission, except for meeting places, shall apply to both commissions until the new
uniform rules of practice and procedure are adopted."
Section 22. Article VI, chapter 7, section 6-7.6, Hawai` i County Charter, is amended
by amending subsection (c) to read as follows:
"(c) If there shall exist vacancies on either the windward planning commission or the
leeward planning commission not filled by term hold over, the mayor shall
appoint the remaining members of the windward planning commission and the
leeward planning commission in accordance with [section] Section 13-4, Hawai` i
County Charter (2000)."
Section 23 . Article VI, chapter 8, section 6-8.2, Hawai` i County Charter, is amended
to read as follows:
"Section 6-8.2. Director.
The director of research and development shall be appointed by the mayor,
confirmed by the council and may be removed by the mayor. The director shall have had
a minimum of five [yeas'] years of related experience."
Section 24. Article VI, chapter 8, section 6-8.3, Hawai` i County Charter, is amended
to read as follows:
"Section 6-8.3. Powers, Duties and Functions.
The director of research and development shall:
(a) Collect and develop data necessary for managerial and legislative
decision-making, and program and policy-making.
(b) Provide staff leadership for public and private development programs,
enterprises and plans, including economic, social and cultural proposals,
which enhance [improvement-et] and improve the county community.
(c) Coordinate informational and regulatory knowledge of all federal and state
grant-in-aid participation programs which affect the county."
Section 25 . Article VI, chapter 9, section 6-9.2, Hawaii County Charter, is amended
to read as follows:
"Section 6-9.2. Board of Appeals.
The board of appeals shall consist of seven members who shall be appointed by
the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each
member shall be a legal resident and a registered voter of the [Goontaf] county. Board
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 24
membership shall be representative of the community, and, whenever possible, persons
with background or expertise in broad areas of planning and construction shall be given
•
preference, although such knowledge is not a prerequisite for membership. The board of
appeals shall establish its rules of procedure and shall:
(a) Hear and determine appeals from final decisions of the planning director or
the director of public works regarding matters within their respective
jurisdictions.
(b) Conduct hearings in accordance with Chapter 91 , [Hawaii] Hawaii Revised
Statutes, and this charter.
(c) Be part of the planning department for administrative purposes, and said
department shall provide necessary clerical and other assistance."
Section 26. Article VI, chapter 10, section 6- 10. 1 , Hawai` i County Charter, is
amended to read as follows:
"Section 6-10.1. Organization.
There shall be a department of environmental management consisting of a
director, the necessary staff, and an environmental management commission."
Section 27. Article VI, chapter 10, section 6- 10.2, Hawaii County Charter, is
amended to read as follows:
"Section 6-10.2. Statement of Policy.
The [ ` = : : = : _ • . . • .. . _ ] department of environmental
management is established to protect, preserve, and enhance our environment by
promoting the wise management of our waste."
Section 28. Article VI, chapter 10, section 6- 10.3, Hawaii County Charter, is
amended to read as follows :
"Section 6-10.3. Director.
The director of environmental management shall be appointed by the mayor,
confirmed by the council, and may be removed by the mayor. The director shall have had
a minimum of five [yeas] years of administrative experience in a related field."
Section 29. Article VI, chapter 10, section 6- 10.5, Hawaii County Charter, is
amended to read as follows:
"Section 6-10.5. Environmental Management Commission.
There shall be an environmental management commission consisting of nine
members who shall be appointed by the mayor and confirmed by the council. One
member shall be a resident of each council district. The terms of the members shall be as
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 25
prescribed in [4] Section 13-4. The environmental management commission shall advise
the department on waste reduction strategies, recycling, litter control, community
involvement, and other issues related to the functions of the department, and shall
exercise any other powers related to the functions of the department that may be
delegated to it by ordinance."
Section 30. Article VII, chapter 1 , section 7-1 .2, Hawai` i County Charter, is amended
to read as follows:
"Section 7-1.2. Merit Appeals Board.
The merit appeals board shall consist of five members who shall be appointed by
the mayor and confirmed by the council in the manner prescribed in [seetien]
Section 13-4. Board membership shall be representative of the community, and the
members shall all be in sympathy with and believe in the principles of the merit system in
public employment."
Section 31 . Article VII, chapter 3, section 7-3 .2, Hawai` i County Charter, is amended
to read as follows:
"Section 7-3.2. Liquor Commission.
There shall be a liquor commission consisting of nine members who shall be
appointed by the mayor and confirmed by the council in the manner prescribed in Section
13-4. One member shall be a resident of each council district. The liquor commission
shall:
(a) Adopt rules and regulations having the force and effect of law for the
administration of liquor control in the county and to carry out provisions
of the liquor control laws of the [stated State.
(b) Grant, renew or refuse applications for licenses [e€] for the manufacture,
importation and sale of liquor in the county under applicable laws and
regulations.
(c) Have such other powers and duties as may be provided by law, not in
conflict with the provisions of this section."
Section 32. Article VII, chapter 3, section 7-3 .4, Hawaii County Charter, is amended
to read as follows:
"Section 7-3.4. Director of the Department of Liquor Control.
The director of the department of liquor control shall be appointed by the liquor
commission and may be removed by the liquor commission. The director of the
department of liquor control shall:
(a) Be the administrative head of the department.
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 26
(b) Provide clerical and administrative services for the liquor commission and
the liquor control adjudication board, including the submission of a budget
for the operation of the department.
(c) Investigate complaints regarding violations of the liquor control laws of
the State or complaints regarding violations of rules and regulations
established by the liquor commission and report such violations to the
prosecuting [e€fleer] attorney of the county."
Section 33 . Article VIII, section 8-2, Hawai` i County Charter, is amended to read as
follows:
"Section 8-2. Water Board.
The water board shall consist of nine members who shall be appointed by the
mayor with the approval of the council in the manner prescribed in Section 13-4. One
member shall be a resident of each council district. The manager of the department of
water supply, the planning director and the [ ] director of
public works or their designated representatives shall serve as ex-officio members of the
water board without power to vote. The water board shall:
(a) Manage, control and operate the waterworks of the county and all property
thereof.
(b) Adopt rules and regulations which shall have the force and effect of law
relating to the management, control, operation, preservation and protection
of the waterworks of the county.
(c) Adopt an annual operating and capital budget for the department, subject
to the hearing and advertising provisions of Section 10-4.
(d) Have the power to acquire by eminent domain, purchase, lease or
otherwise, and to sell, lease, or otherwise convey real property in the name
of the water board.
(e) Have the authority to issue revenue bonds under the name of the water
board.
(f) Have such other powers and duties as may be provided by law."
Section 34. Article VIII, section 8-3, Hawaii County Charter, is amended to read as
follows:
"Section 8-3. Manager and Deputy.
The manager of the department of water supply shall be appointed by the water
board and may be removed by the water board. The deputy shall be appointed by the
manager with the confirmation of the water board and may be removed by the manager
with the approval of the water board. The manager shall be a registered engineer and
shall have had a minimum of five [mss-] years of experience in an administrative
capacity."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 27
Section 35 . Article IX, section 9-2, Hawaii County Charter, is amended to read as
follows:
"Section 9-2. Qualifications.
The prosecuting attorney shall be an attorney licensed to practice and in good
standing before the Supreme Court of the State of ] Hawaii. The prosecuting
attorney shall be a citizen of the United States of America and shall have been a duly
qualified elector of the county for at least one year immediately preceding the election."
Section 36. Article IX, section 9-5, Hawaii County Charter, is amended to read as
follows:
"Section 9-5. Vacancy in Office.
A vacancy in the office of prosecuting attorney shall be filled by the first deputy
who shall act as prosecuting attorney, or if the position of first deputy is vacant or if the
first deputy is unable to so act, the mayor with the confirmation of the council shall fill
the vacancy by appointment of a person with the requisite qualifications within thirty
days after the occurrence of the vacancy.
The first deputy or the person appointed to fill the vacancy shall serve until a
successor is duly elected at the next State or State and County election and seated. The
election shall be held in accordance with the election laws of the State insofar as
applicable.
The person elected as the successor shall serve out the unexpired term of the
person succeeded commencing at [ ] twelve o' clock meridian on the first Monday of
December following the election."
Section 37. Article X, section 10-2, Hawaii County Charter, is amended by amending
subsection (a) to read as follows:
"(a) No later than March 1 of each year, the mayor shall submit to the county council :
( 1 ) An operating budget for the ensuing year.
(2) An operating program for the ensuing three fiscal years.
(3) A capital budget for the ensuing fiscal year.
(4) A capital program for the ensuing six fiscal years.
(5) An accompanying message.
The mayor shall submit amendments to the operating budget, operating
program, capital budget, and capital program, together with an accompanying
message, to the county council within ten [f1-8)] working days after the close of
the state legislature but not later than May 5 of each year."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 28
Section 38. Article X, section 10-3, Hawaii County Charter, is amended by amending
subsection (a) to read as follows:
"(a) The operating budget shall present a complete financial plan for the current
operations of the county and its agencies and executive agencies in the ensuing
fiscal year, showing all funds and reserves. Capital expenditures to be financed
from current revenues in the ensuing fiscal year shall be included in the operating
budget as well as in the capital budget. Appropriations for such expenditures shall
be included in the operating budget. Except as otherwise provided by law, the
operating budget shall contain at least the following:
( 1 ) A simple, clear, general summary of the detailed contents of the operating
budget. Such summary shall itemize all new positions being requested.
(2) The proposed expenditures, including [pcevisien] provisions for any
estimated cash deficit for the fiscal year currently ending, debt service
requirements for the ensuing fiscal year, and all other expenditures for the
ensuing fiscal year, capital and otherwise, to be met from current
revenues; and the proposed expenditures shall be shown by agencies and
programs.
(3) A comparative statement of the actual expenditures for the preceding
fiscal year, and the estimated expenditures for the fiscal year currently
ending and the ensuing fiscal year.
(4) The sums recommended for appropriation on the basis of the proposed
expenditures, which sums need not be itemized further than by agencies
and programs.
(5) The estimated revenues shown by estimated cash surplus, if any, for the
fiscal year currently ending, proposed tax levies and other sources.
(6) A comparative statement of the actual revenues for the preceding fiscal
year, and the estimated revenues for the fiscal year currently ending and
the ensuing year. The estimated revenues for the ensuing fiscal year shall
be at least equal in amount to the proposed expenditures."
Section 39. Article X, section 10-3, Hawaii County Charter, is amended by amending
subsection (c) to read as follows:
"(c) The mayor's message shall explain the operating budget and capital budget both
in fiscal terms and in terms of work to be done. It shall outline the proposed
financial policies of the county for the ensuing fiscal year, describe the important
features of the operating budget and capital budget and means of financing the
budgets. It shall indicate any major changes in financial policies and in
expenditures, appropriations and revenues as compared with the fiscal year
currently ending, and shall set forth the reasons for the changes. As to the capital
budget, the message shall include a list of pending and proposed capital
improvements together with the mayor' s comments on such list. It shall itemize
and explain each pending capital improvement and each capital improvement
proposed to be undertaken within the ensuing fiscal year, showing the estimated
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 29
cost of each improvement and the pending or proposed method of financing it.
The message shall also include such other supporting or explanatory material as
the mayor deems desirable.
The mayor' s budget message which accompanies the amendments to the
operating budget and to the capital budget shall describe the changes in proposed
expenditures and in revenue projections from the budgets which had been
submitted on or before March 1 , and shall describe the intervening changes in
circumstances which justify the changes in the proposed expenditures and
projected revenues."
Section 40. Article X, section 10-5, Hawai` i County Charter, is amended to read as
follows:
"Section 10-5. Operating Budget: Council Action.
After the public hearing, and after the submission of the amendments to the
operating budget and to the capital budget, the county council may adopt the operating
budget as amended with or without further amendments. First reading shall be after May
5. In amending, it may add new items or increase items in the operating budget. It may
decrease or delete items, excepting appropriations required by law and appropriations for
debt service. But in all cases the estimated revenues for the ensuing year shall be [a] at
least equal in amount to the proposed expenditures.
The council shall adopt the operating budget on or before [te-thirtieth-days
Jutted June 30. If it fails to do so, the operating budget as submitted and as amended by
the mayor shall be deemed adopted by the council as the operating budget for the ensuing
fiscal year.
If the mayor disapproves of the bill adopting the operating budget or of any part
thereof, the mayor shall return the bill or the portions vetoed with a written statement of
objections to the clerk for further council action within ten calendar days of receipt of the
bill.
The adopted operating budget shall be in effect on and after the first day of the
fiscal year to which it applies."
Section 41 . Article X, section 10-6, Hawai` i County Charter, is amended by amending
subsection (d) to read as follows:
"(d) The council shall adopt the capital budget on or before [ ]
June 30. If it fails to do so, the amended capital budget submitted by the mayor
shall be deemed adopted by the council as the capital budget for the ensuing fiscal
year. The adopted capital budget shall be in effect on and after the first day of the
fiscal year.
fe,) At any time during the fiscal year, the council, by ordinance adopted by the
affirmative vote of at least two-thirds of the entire membership, may amend the
capital budget for that year. In amending, the council shall request and consider,
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 30
but need not follow, the recommendations of the mayor as to the proposed
amendment."
Section 42. Article X, section 10-8, Hawaii County Charter, is amended to read as
follows:
"Section 10-8. Appropriations: Supplemental and Emergency.
When during any fiscal year there are available any funds for appropriation, the
mayor shall certify to the county council and the county council may amend or make
supplemental appropriations for the year up to the amount of available revenues. Such
appropriations may be made by ordinance effective immediately upon adoption.
To meet a public emergency affecting life, health or property, the council, may
make emergency appropriations. Such appropriations may be made by ordinance and
must be approved by all council members present or by two-thirds of the entire
membership. To the extent that there are no available unappropriated revenues to meet
such appropriations, the council may by ordinance authorize the issuance of emergency
notes. These notes may be renewed from time to time, but the emergency notes and
renewals of any fiscal year shall be paid not later than the first day of the fiscal year next
succeeding that in which the emergency appropriation was made. The total of emergency
appropriations in any fiscal year shall not exceed one-half of one percent of the total
operating appropriations, excluding those for debt service made in the operating budget
for that year."
Section 43 . Article X, section 10- 14, Hawai` i County Charter, is amended by
amending subsection (c) to read as follows:
"(c) All purchases and contracts for materials, supplies, equipment and services shall
be made in accordance with [Hawaii] Hawai` i Revised Statutes and rules and
regulations established by the state procurement policy office thereto. Any such
rule or regulation may be modified by the [ ,] director of
finance, in accordance with Chapter 91 , [ ] Hawai` i Revised Statutes,
provided that such modifications shall be consistent with the requirements of state
law."
Section 44. Article XI, section 11 -4, Hawai` i County Charter, is amended by
amending subsection (d) to read as follows:
"(d) Within ten working days of receipt of the notice in [ 11 4 (b),] subsection (b),, the
clerk shall give notice to the committee that the proposed petition form, ballot
title, ballot question, and ballot summary are acceptable or shall propose
alternative language."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 31
Section 45 . Article XI, section 11 -4, Hawai` i County Charter, is amended by
amending subsection (g) to read as follows :
"(g) If the language of the proposed ordinance is found to be within the power of
initiative or referendum of the [County of Hawai ` i,] county, within five working
days of finalization of the petition form, ballot title, ballot question and ballot
summary, the clerk shall:
( 1 ) Submit them to the council for informational purposes utilizing the
council 's rules and procedures; and
(2) Give notice to the committee of:
(A) The final petition form, ballot title, ballot question, and ballot
summary;
(B) The deadline date set by the State of Hawai` i Pew]
office of elections for the submission of the ballot title, ballot
question, and ballot summary;
(C) The number of signatures required for a certificate of sufficiency;
and
(D) A timeline that gives dates at which submissions and specific
actions shall occur."
Section 46. Article XI, section 11 -4, Hawai` i County Charter, is amended by
amending subsection (i) to read as follows:
"(i) As soon as a certificate is completed, the clerk shall notify the committee of the
contents of the certificate. If a petition is certified sufficient, the clerk shall
present the certificate to the county council at the first council meeting where it
can be legally [agenEl ] placed on the agenda."
Section 47. Article XI, section 11 -4, Hawai` i County Charter, is amended by
amending subsections (1) and (m) to read as follows:
"(1) If a majority of the committee does not choose to amend a petition or collect
additional signatures, the clerk shall present the certificate to the county council at
the first council meeting where it can be legally frpgemlize€17] placed on the
agenda. A petition is approved for consideration through council action upon the
clerk' s certificate of sufficiency.
(m) The clerk shall present the certificate to the council at the earliest meeting at
which the certificate can be legally [aged-4041 placed on the agenda. The
council shall review the latest clerk' s certificate, upon the committee' s request,
and shall approve or reject the certificate or may substitute its own determination
of sufficiency of the petition by resolution. The review actions of the council shall
be final but shall not preclude the filing of a new petition for the same purposes."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 32
Section 48. Article XI, section 11 -4, Hawaii County Charter, is amended by
amending subsection (p) to read as follows:
"(p) The clerk shall publish the ballot title, ballot question, ballot summary and
arguments for and against the measure in the Sunday paper of two Hawai` i
[Island] island daily papers with the largest circulation, for the three Sundays
preceding the election. The committee shall be given the opportunity to write the
argument in favor of the measure. If a group of five qualified voters of [ua
€etmty] the county give notice to the clerk that they wish to write the arguments
against the measure, the clerk shall publish their arguments. Both sets of
arguments shall be published in the same papers, on the same page, on the same
days, utilizing the same size print. The names and addresses of the committee and
the opposing group as they appear on the general county register for the County of
Hawai` i shall appear in the publication."
Section 49. Article XI, section 11 -5, Hawaii County Charter, is amended by
amending subsection (d) to read as follows:
"(d) Signatures are invalid and petitions insufficient:
( 1 ) If signers are not given an opportunity to read the full text of the proposed
ordinance under an initiative petition, or the designation and description of
the ordinance in question under a referendum petition, and if the full text
of a proposed ordinance or ordinance under question is not contained in or
attached to each signature paper or set of signature papers of an initiative
or referendum petition, respectively, throughout circulation.
(2) If written statements) [f]executed by the circulators for each set of
signature papers[3]1 are not attached to the papers at the time of filing of a
petition with the clerk. Each written statement shall attest that: a particular
individual personally circulated an identifiable set of signed petitions;
each signed petition bears a stated number of signatures; each signature on
a petition was affixed in the petition circulator' s presence; each signature
is the genuine signature of the person whose name it purports to be; and
the full text of the proposed measure was made available to petition
signers."
Section 50. Article XI, section 11 -7, Hawai` i County Charter, is amended by
amending subsection (d) to read as follows:
"(d) Ordinances passed using Article XI, Initiative and Referendum, shall not be
repealed or amended for at least three years from the date of election approval,
except by a two-thirds vote of the [ i` ' ] county council ."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 33
Section 51 . Article XII, chapter 1 , section 12- 1 .3, Hawai` i County Charter, is amended
to read as follows:
"Section 12-1.3. Signatures.
Signers of a recall petition shall print their [names] name and add their signature,
! their residence address, and the date of signing on said petition. To each such petition
paper there shall be attached an affidavit of the circulator thereof, stating the number of
signers to such part of the petition and that each signature appended to the paper was
made in the circulator' s presence and is believed to be the genuine signature of the person
whose name it purports to be, and that each signer understood the nature of the recall
petition."
I
Section 52. Article XII, chapter 1 , section 12-1 .4, Hawai` i County Charter, is amended
to read as follows:
"Section 12-1.4. Filing and Certification.
All papers comprising a recall petition shall be assembled and filed with the
county clerk as one instrument within thirty [99)] days after the filing with the clerk of
the affidavit stating the name and office of the officer sought to be removed. Within thirty
working days from the filing of such petition, the clerk shall determine if the petition
contains sufficient signatures and prepare a certificate showing the result of the
examination. If the clerk shall certify that the petition is insufficient, the clerk shall set •
forth in the certificate the particulars in which the petition is defective and shall return a
copy of the certificate to the person designated in such petition to receive it."
Section 53 . Article XII, chapter 1 , section 12- 1 .5, Hawai` i County Charter, is amended
to read as follows:
"Section 12-1.5. Supplemental Petitions.
In the event the initial petition contained insufficient signatures, such recall
petition may be supported by supplemental signatures of voters signed in the manner
required in Section 12- 1 .3 of this article appended to petitions issued, signed, and filed as
required for the original petition at any time within ten days after the date of the
certificate of insufficiency by the clerk. The clerk shall, within five working days after
such supplemental petitions are filed, make a like examination of them, and if the
certificate shall show the same to be still insufficient, the clerk shall return it in the
manner described in Section 12- 1 .4 of this article to the person [designed] designated in
such petition to receive the same, and no new petition for the recall of the officer sought
to be removed shall be filed within one year thereafter."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 34
Section 54. Article XII, chapter 1 , section 12- 1 .6, Hawai` i County Charter, is amended
to read as follows:
"Section 12-1.6. Recall Election.
If a recall petition or supplemental petition shall be certified by the clerk to be
sufficient, the clerk shall at once submit the same with the certificate to the council and
shall notify the officer sought to be recalled of such action. If the official whose removal
is sought does not resign within ten [(10)] days after such notice, the council shall
thereupon order and fix a day for holding a recall election. Any such election shall be
held not less than sixty [(60)] nor more than ninety [(99)] days after the petition has been
presented to the council, or at the same time as any other special election held within
such period, the council shall call a special recall election to be held within the time
aforesaid. If less than fifty percent of the total number of persons who registered in the
last general election shall vote at such election to recall an official elected at-large, or by
voters of the entire county, as the case may be, or in the case of a recall of a district
council member, if less than fifty percent of the total number of persons who registered in
the district in the last general election shall vote at such recall election, the officer sought
to be recalled shall not be deemed recalled."
Section 55 . Article XII, chapter 1 , section 12- 1 .9, Hawaii County Charter, is amended
to read as follows :
"Section 12-1.9. Immunity to Recall.
The question of the removal of any officer shall not be submitted to the voters
until such person has served six [(63] months of the term during which the officer is
sought to be recalled, nor, in the case of an officer retained in a recall election, until one
year after that election."
Section 56. Article XIII, section 13- 1 , Hawai` i County Charter, is amended to read as
follows:
"Section 13-1. Definitions. [ :]
As used in this charter:
(a) "Agency" means any office, department, board, commission or other
governmental unit of the county.
(b) "Executive Agency" means any agency or department of the executive
branch of the county government.
(c) "Employee" means any person, except an officer, employed by the county
or any agency thereof but the term shall not include an independent
contractor.
(d) "Officer" includes the following:
( 1 ) Mayor and members of the council.
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 35
(2) Any person elected or appointed as administrative head of any
agency of the county or appointed as a member of any board or
commission provided for in this charter.
(3) Any person appointed by a board or commission as the
administrative head of any agency of the county.
(4) Deputy, assistant or division chief appointed by the administrative
head of any agency of the county.
(5) Assistant or deputies of the corporation counsel and [pcesesutien]
prosecuting attorney.
(e) "State" means the State of [I4a4ma-ii7] Hawai` i.
(f) "Vacancy" shall have the following meaning: Any elective office shall
become vacant on the happening of any one of the following events before
expiration of the term:
( 1 ) Death.
(2) Resignation.
(3) Upon the determination by the county clerk that the officer was not
a duly qualified elector of the county, and, if required, not a duly
qualified elector of the district of which the officer was elected
immediately preceding the election or appointment.
(4) Ceasing to be a resident voter of the county as determined by the
county clerk and in the case of an officer elected to a seat requiring
residency in a district, ceasing to be a resident voter of that district
as determined by the county clerk.
(5) Absence from the county, unless on county authorized business,
for a period of three consecutive months, without good cause.
(6) Removal by recall as provided by this charter.
(7) Removal by impeachment proceedings for malfeasance,
misfeasance, nonfeasance, or maladministration in office as
provided by this charter.
(8) Upon the determination by three impartial, licensed physicians
selected by the council that the officer is mentally or physically
infirm or disabled and will be unable to discharge the officer' s
duties for the remainder of the term. Such action shall be initiated
by a majority vote of the entire council.
(9) Upon filing nomination papers for another elective office if the
term of the office sought begins before the end of the term of the
office held.
(10) Upon the conviction of any felony in any jurisdiction.
If any of the above events occurs after the election, but prior to the
commencement of the term, the office is vacant at the time the term commences."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 36
Section 57. Article XIII, section 13-5, Hawai` i County Charter, is amended to read as
follows:
"Section 13-5. Oaths of Office.
Before entering upon the duties of their office, each officer elected or appointed
shall subscribe to the oath or affirmation before some person duly qualified to administer
oaths: "I do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States of America, and the Constitution of the State of [Hawaii;] Hawai` i, and
that I will faithfully discharge my duties as . . . to the best of my ability.'
Section 58. Article XIII, section 13-7, Hawai` i County Charter, is amended to read as
follows:
•
"Section 13-7. Rules and Regulations.
Except as otherwise provided in this charter, all rules and regulations having the
force and effect of law adopted by any board, commission or administrative head of a
department shall be approved by [die] the mayor before going into effect. The provisions
of this section shall be applicable to service rates or fees, license fees and other charges."
Section 59. Article XIII, section 13- 11 , Hawai ` i County Charter, is amended to read as
follows:
"Section 13-11. Penalties.
The council may, by ordinance, provide for the punishment of violations of any
provisions of this charter, of ordinances, or of rules and regulations, by civil fines, either
administratively or judicially imposed, or criminal prosecution, or both. No criminal
penalty shall exceed the amount of two thousand dollars fine or one [yeas .s] year of
imprisonment, or both. Criminal prosecution shall be as provided by law for the
prosecution of misdemeanors."
Section 60. Article XIII, section 13 -20, Hawai` i County Charter, is amended by
amending subsection (c) to read as follows:
"(c) The time and place of all regular meetings of the council, board or commission
shall be provided in the rules adopted for the conduct of its business. Except as
otherwise provided in this charter, a special meeting may be called by the
presiding officer of the council, board or commission when the date, time and
place of such special meeting are announced prior to adjournment of a regular
meeting; otherwise a special meeting can be called only upon the publication of a
notice of such meeting in at least two daily newspapers of general circulation in
this county at least twenty-four hours in advance of such meeting. If the
requirement with respect to publication of notice cannot be met because of
insufficient time, the meeting notice shall be made by broadcasting a minimum of
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election I 37
three announcements in the English language over [FCC] Federal
Communications Commission licensed public radio stations in this county or
television stations with local audience. Such announcements shall be broadcast at
least twenty-four hours in advance of such meeting. To assure the widest possible
coverage, the meeting notice shall be released to radio stations in this county and
the announcements shall be programmed to be heard between the hours of 7:00
[A.M.] a.m. to 5 :00 [PAL] p.m. In addition to the above requirements, notice of
such special meeting shall be conspicuously posted on the bulletin board of the
[Hawaii Ee ] Hawai` i county building. A brief resume of the
principal business to be taken up at such meeting shall be stated in the posted
notice as well as in the notice released to the news media."
Section 61 . Article XIII, section 13-20, Hawai` i County Charter, is amended by
amending subsection (e) to read as follows:
"(e) News gatherer's sources, privileged. No legislative or administrative body, or any
other [County] county body having the power to issue subpoenas shall adjudge in
contempt any publisher, editor, or reporter, who is or was connected with or
employed by a newspaper, press association, wire service, or a radio or television
station, for refusing to disclose, in any [qty] county action, hearing,
investigation, inquest, or inquiry, the source of any information procured while
connected or employed by the newspaper, press association, wire service, or
station for publication in a newspaper or for news or news commentary purposes
on radio or television."
Section 62. Article XIII, section 13-24, Hawai`i County Charter, is amended to read as
follows:
"Section 13-24. Waiver of Charter Provisions.
If any provision of this charter jeopardizes the receipt by the county of any federal
grant-in-aid or other federal allotment of money, such provision may, insofar as such
fund is jeopardized, be waived by the council upon recommendation of the mayor.
Waiver shall be accomplished by ordinance adopted as prescribed in Section 3- 11 except
that a duly advertised public hearing shall be held between first and second readings.
Such waiver shall continue in effect only for the period of time required by the specific
grant-in-aid or allotment."
Section 63 . Article XIV, section 14-4, Hawai` i County Charter, is amended to read as
follows :
"Section 14-4. Conduct of Employees.
Officers and employees of the county while discharging their duties and dealing
with the public shall adhere to the following precepts:
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 38
(a) All public property and equipment are to be treated as a public trust and
are not to be used in a proprietary manner or for [the] personal purposes
without proper consent.
(b) No person in a supervisory capacity shall engage in personal or business
relationships with subordinates which might intimidate said subordinates
in the discharge of their official duties.
(c) All persons shall be treated in a courteous, fair and impartial manner."
Section 64. Article XIV, section 14-5, Hawai` i County Charter, is amended to read as
follows:
"Section 14-5. Board of Ethics.
There shall be a board of ethics appointed by the mayor with the approval of the
council. It shall consist of five members who shall be residents of the county. Each shall
serve for a term of five years. Upon the initial appointment of members pursuant to this
charter, one shall be appointed for a term of one year, one for a term of two years, one for
a term of three years, one for a term of four years and one for a term of five years. The
[seittee] board shall establish its rules of procedure. Without limitation of its
functions, the [ Wee] board shall :
(a) Interpret the code of ethics for both county officials and the public and on
its own may initiate and render opinions with respect thereto.
(b) Render advisory opinions to county officers and employees with respect to
the code of ethics pursuant to written requests by officers and employees.
(c) Receive and initiate complaints of violations of the code of ethics and
transmit such complaints to the council or the appropriate appointing
authority, along with any pertinent advisory opinions thereto.
(d) Hold hearings or conduct investigations concerning application of the
code of ethics and make public such violations of the code that come to its
attention.
(e) Publish advisory opinions with such deletions as may be necessary to
prevent disclosure of identity of persons involved where such opinions are
rendered pursuant to subsection (b) above.
(f) Propose revisions to the code of ethics where not inconsistent with this
charter."
Section 65 . Article XIV, section 14-6, Hawai` i County Charter, is amended to read as
follows:
"Section 14-6. Penalties.
The failure to comply with the provisions of [seetien] Sections 14-2 to 14-4,
inclusive, shall constitute a cause for suspension, removal from office or employment, or
such other penalty as the council may prescribe by ordinance. Nothing herein shall
preclude any other remedy available against the officer or employee of the county as
provided by law."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 39
Section 66. Article XV, section 15-3, Hawaii County Charter, is amended to read as
follows:
"Section 15-3. Mandatory Charter Reviews.
The charter shall be reviewed in 1989 and every tenth year thereafter. Not later
than [ ho-fifteenth-day-of] January 15 of the charter review year, the mayor with the
confirmation of the council, shall appoint a charter commission composed of eleven
members to study and review the operation of the government of the county under this
charter. Commission members, no more than a majority of whom shall belong to the
same political party, shall be representative of the various geographical areas of Puna,
Ka`u, Kona, Kohala, [Hafnaktua ] Hamakua, and Hilo. The council shall
appropriate funds to enable the commission to carry out its duties, including the hiring of
necessary staff.
The commission shall hold at least one public hearing in each of the geographical
areas. The commission may propose amendments to the existing charter or a draft of a
new charter which shall be submitted to the county clerk. Upon receipt of the
amendments or charter in the form as proposed by the commission, the county clerk shall
provide for the submission of such amendments or charter to the electors of the county at
either a special election as determined by the commission or at the first general election
following the charter review year. The commission shall prepare the language of the
question to be submitted to the voters for each of the amendments it proposes.
The commission shall publish not less than forty-five days before any election, at
least once in at least two daily newspapers of general circulation within the county, a
brief digest of the amendments or charter and the purpose thereof and a notice to the
electorate that copies of the amendments or charter are available at the office of the
county clerk.
Members of the commission shall hold office until the amendments or charter is
ratified or rejected.
If the majority of the voters voting upon a charter amendment votes in favor of it
or a new charter, if a new charter is proposed, the amendment or new charter shall
become effective at the time fixed in the amendment or charter."
Section 67. Article XVI, section 16-4, Hawai` i County Charter, is amended to read as
follows:
"Section 16-4. Status of Agencies and Transfer of Functions.
When this charter takes full effect:
(a) All offices, departments, boards and commissions, the status of which are
not specifically changed or abolished by this charter, are hereby
recognized, continued and established and shall have such powers, duties
and functions as provided by law or ordinance. Members of the various
boards and commissions, excluding the [ ,]
Hawai` i redevelopment agency, holding office at the effective date of this
charter shall continue in office unless they resign or until their terms of
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 40
office shall expire, at which time new members shall be appointed in
accordance with this charter.
(b) The ] public works board of appeals and
the [ : : . - . A . . _ . • - ■ ■ I . . • I • _ •• _ . .. A.- - _ ] board of appeals
under the planning department shall stand abolished and their functions
transferred to the extent provided in Section [5 6.3 * .] 6-9.2.
(c) Each county civil service employee affected by the status of agencies and
transfer of functions under this charter shall be assigned to other agencies
or executive agencies in the county without any loss in pay, provided the
employee had held the position for at least one year prior to the full
effective date of this charter. When an employee's position which has
been so affected becomes vacant, that position shall stand abolished unless
the position is permanently created in the table of organization of the
agency or executive agency concerned.
(d) Nothing in this charter shall be deemed to affect the civil service status of
incumbent department heads or deputies in government service prior to the
adoption of this charter, and they shall continue to exercise and discharge
the powers and duties of their respective offices until such time as the
offices become vacant and successors shall have qualified in accordance
with this charter or laws and ordinances enacted pursuant thereto.
(e) Every non-civil service officer, deputy, assistant or bureau head affected
by the status of agencies and transfer of functions under this charter may
be absorbed into a permanent civil service position in the same division or
other agencies or executive agencies as a consequence of the
reorganization provisions of this charter without loss of vacation or sick
leave allowance, service credit or other rights and privileges and without
the necessity of examination; provided, that such officer, deputy, assistant
or bureau head possess the minimum qualifications for the position to
which transferred or appointed. The method and procedure for such
appointment or transfer shall be established by resolution or ordinance.
The provision of this subsection relating to civil service status shall not
apply to any officer, deputy, assistant or bureau head who is appointed as
a deputy or assistant to the administrative head of any agency under this
charter.
(f) Non-civil service employees or officers who are not transferred or
appointed and whose employment are terminated as a consequence of the
reorganization provisions of the charter shall have the right to have their
names placed on appropriate re-employment lists and shall be deemed
eligible for certification to positions in the class in which last occupied or
in a related class in the same or lower grade for which the qualification
requirements are met; provided, that written applications for re-
employment with the department of human resources are filed within
thirty [(30)] days after the termination of employment. Such certifications
shall expire three [O)] years after the effective date of this charter."
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 41
Section 68. Article XVI, section 16-7, Hawaii County Charter, is amended to read as
follows:
"Section 16-7. Department Heads Continued in Office.
Notwithstanding any provision to the contrary, each department head, [f]including
elected department heads and department heads appointed by boards or commissions[)],,
holding office when this charter takes fill effect shall continue in office until a successor
takes office or until removed pursuant to the provisions of this charter."
Section 69. Article XVI, section 16- 10, Hawai` i County Charter, is amended to read as
follows :
"Section 16-10. [Hawaii] Hawaii Redevelopment Agency.
The [Hawaii] Hawai` i redevelopment agency shall be abolished, and its powers,
functions, rules and regulations transferred to the planning director, on January 1 , 2001 ."
Section 70. Charter material to be repealed is bracketed and stricken through. New
charter material is underscored. When revising, compiling, or printing these charter
provisions for inclusion in the Charter of the County of Hawai` i (2010), the revisor need
not include the brackets, bracketed and stricken material, or underscoring.
Section 71 . The revisor of the charter shall renumber charter article, chapter, and
section numbers and any cross references thereto pursuant to amendments approved by
the electorate that displace existing or newly-enacted charter provisions.
Section 72. This amendment shall take effect upon approval by the electorate.
AMENDED CHARTER LANGUAGE/November 2, 2010 General Election 42